Commencing a Nonpayment Proceeding

Generally, to commence a non-payment proceeding, a landlord must give the tenant a three-day rent demand. This is a required step before filing any legal action and gives the tenant notice of late rent and three days to pay the late rent payments. A lease should be carefully reviewed as the lease may dictate that a 5 day, 10 day or a longer notice period is required to be provided to the tenant before commencing a non-payment proceeding.

Once the rent demand has expired, the landlord must commence the proceeding by drafting, filing with the court and properly serving the tenant according to stringent state laws aNotice of Petition and Petition with an attached copy of the written demand given to the tenant. All of these steps must be followed carefully in accordance with statutory law and regulations. If service is improper or the Notice is not drafted properly, the court does not havejurisdictionand your case could be dismissed.

On the court date, the tenant has the ability to request an adjournment to obtain counsel or more time in order to pay the missed rent and/or raise defenses as to why he/she has not paid rent. The parties could enter into an agreement to settle the matter or it could proceed to trial if there are issues of fact. Our firm has extensive experience negotiating settlement terms and engaging in oral argument at the trial level in order to get our clients favorable results.

After a settlement or trial, the judge will then order a stay of eviction, which is legally required by the court, to allow the tenant time to pay the missed rent. After this period, the landlord will submit a proposed judgment of possession and warrant of eviction to the judge. Based on the judge’s discretion and the facts of the case, he/she will sign the judgment for rent owed and a warrant of eviction and then the marshal will serve the tenant with a 72-hour notice that requires the tenant to vacate the premises or face eviction by the marshal.

If the matter is a residential non-payment proceeding and the tenant fails to show, the courts could adjourn the case, giving the tenant more time and opportunity to appear once again or they may grant a default judgment against the tenant and even include a money judgment depending on the forum and service. If the matter is a commercial proceeding and the tenant fails to appear, the court generally will grant a default judgment with no stay of the warrant.

To learn more about the process of nonpayment proceedings, view our helpful flow chart found HERE.

In order to evict a tenant through a nonpayment proceeding, a landlord must follow all relevant laws and regulations carefully, which include strict timelines and notice requirements, or the landlord could risk having the case dismissed. James G. Dibbini & Associates, P.C. have over 20 years of experience with landlord-tenant matters including nonpayment proceedings. We have efficiently and successfully handled thousands of cases, saving our clients significant time and money in the process. Let us help you. Give us a call at (914) 965-1011 or jdibbini@dibbinilaw.com. In the meantime, click HEREto get started today in resolving your nonpaying tenant matter by filling out our Nonpayment Intake Sheet.